Competition and Consumer Regulations 2010

In these Regulations:

In these Regulations, a reference to a Form by a letter, or letters, is a reference to the Form so lettered in Schedule 1.

In these Regulations (including any form provided for by these Regulations), unless the contrary intention appears (from section 150C of the Act or otherwise):

a reference to the Act, or to the Act and these Regulations, includes a reference to the Competition Code; and

a reference to a provision of the Act (including a reference to a Part, Division or Subdivision of the Act) includes a reference to that provision having effect as a provision of the Competition Code; and

a reference to a provision of these Regulations (including a reference to a Part of these Regulations) includes a reference to that provision having effect as a provision of the Competition Code.

Where a period of time dating from a given day, act or event is prescribed by or allowed under these Regulations for doing an act or taking a proceeding, the time shall be reckoned exclusive of the day, or of the day of the act or event, from which the time dates.

Where the time prescribed by or allowed under these Regulations for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day on which the office of the Registrar is closed, the act may be done or the proceeding may be taken on the first day following that is not a Saturday, Sunday or day on which that office is closed.

The seal of the Commission shall be of a design approved by the Chairperson and shall include:

the Commonwealth Arms, that is to say, the Armorial Ensigns and Supporters granted and assigned for the Commonwealth of Australia by Royal Warrant dated 19 September 1912; and

the words “Australian Competition and Consumer Commission”.

The seal of the Commission shall be affixed by or with the authority of the person performing the duties of Secretary to the Commission to such documents as are required by these Regulations or by a direction of a member of the Commission to be sealed with the seal of the Commission.

The Commission shall maintain an office at each of the following places, namely, Canberra, Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart and Darwin, and shall maintain offices at such other places as it determines.

The Commission shall notify in the Gazette the address of each of its offices and any change in such an address.

For paragraph 44AAG(2)(e) of the Act, the following kinds of orders are prescribed:

an order that includes a direction that the loads of the person to whom the order applies be disconnected in accordance with the rules;

an order that includes a direction that the person to whom the order applies be suspended from, as the case requires, purchasing or supplying electricity through the wholesale exchange operated and administered by AEMO.

The Commonwealth, State and Territory co‑operative scheme is set out in legislation. The National Electricity (South Australia) Act 1996 of South Australia is the lead legislation, and has been applied by the other participants in the scheme as a law of their jurisdictions.

In subregulation (1):

a uniform energy law that is applied as a law of the Commonwealth; or

a State/Territory energy law.

Uniform energy law and State/Territory energy law are defined in subsection 4(1) of the Act.

the applicant’s name and, if the applicant is the designated Minister or an organisation, the name and contact details of a contact officer for the Minister or organisation;

the applicant’s address for the delivery of documents (which may be an electronic address), including the notification of any decision of the designated Minister or the Council, relating to the application or the declaration recommendation;

a description of the service and of the facility used to provide the service;

the name of the provider, or of each provider, of the service and, if a provider does not own the facility, the name of the owner, or of each owner, of the facility, as the case requires;

the reason for seeking access (or increased access) to the service;

the applicant’s reasons for believing that all of the declaration criteria for the service are satisfied;

a description of efforts, if any, that have been made to negotiate access to the service.

the name of the State or Territory on whose behalf the application is made;

the name and designation of the responsible Minister for the State or Territory;

the name and contact details of a contact officer for the State or Territory;

the responsible Minister’s address for the delivery of documents, including the notification of any decision of the Commonwealth Minister or the Council, relating to the application or the recommendation;

a description of the access regime (including a copy of any relevant legislation);

a description of the service;

grounds in support of the application.

the applicant’s name and, if the applicant is the responsible Minister or an organisation, the name and contact details of a contact officer for the Minister or organisation;

the applicant’s address for the delivery of documents (which may be an electronic address), including the notification of any decision of the responsible Minister or the Council, relating to the recommendation;

a description of the access regime;

grounds in support of the application.

For the application to be successful, the grounds in support of the application would need to satisfy the Council of the matters in subsection 44NBA(5) of the Act.